New Books In Law

The Memory Seeker is a novel that, drawing upon Professor Ronald Niezen's background in researching human rights, takes on the experiences of war violence and its aftermath, the vagaries of memory, and the incompleteness of courtroom justice. When Dutch-Canadian Peter Dekker is hired as an investigator by the International Criminal Court in The Hague, he has no inkling of the war crimes that lie in his own family's history. His work takes him to Timbuktu, where he collaborates with Malian colleagues to document war crimes from a recent and only partly-ended civil war. While he is on assignment, his live-in girlfriend, Nora, gets to know Peter's estranged aunt living in The Hague, and uncovers a dark history of murder, revenge and collaboration with the Nazi occupiers. As the stories of his family under Nazi rule unfold and the intrigues multiply, Peter is confronted with a war crime in which he finds himself next-of-kin rather than an investigator.  A work of fiction that draws upon Niezen's ethnographic expe

Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge: Reflections on Power and Possibility (Bristol UP, 2023) details the ways in which the law is heavily implicated in creating, maintaining, and reproducing racialized hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonization and explores how this examination can inform teaching, researching, and practicing of law. Furthermore, the book explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonization to produce legal knowledge for flourishing futures. Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work. Learn more abou

Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world. Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse (MIT Press, 2023), Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people. Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive hist

Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance (Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilizing fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, The Process of International Legal Reproduction exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The resul

LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights (NYU Press, 2023) is a tour de force that weaves together the various narratives about the transformation of a counter public, in this case, LBGT citizens, into rights bearing citizenship, and the transformation of mainstream political and cultural narratives, incorporating shifting conceptions that open up space for this integration. As Political Scientist Susan Burgess explains throughout the book, a basic exploration of public opinion data reflects the substantial shift that many Americans have had in their thinking about individuals who are part of the LGBT community, and about the community itself. But the public opinion data only goes so far in telling the story of this rapid transformation. Using the American political development framework of political time, Burgess sees profound political transformation, but through what she describes as queered political time, noting that substantive ideas in this context are vita

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves―even when the odds are deliberately stacked against them. In Privacy's Blueprint: The Battle to Control the Design of New Technologies (Harvard UP, 2018), Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, H

The relationship between images and truth has a complicated history. In the Western tradition, the Kantian settlement on aesthetic judgment as detached from external interests gave rise to artistic production of images that were read with epistemic authority. But the advent of modernity has at once shaken this certainty and reinforced it. No sooner than we reckoned with the singular history painting and illustrated magazines, we have landed in a mass-media world where any possible image can and does exist. And the more we are surrounded by images, the greater claims they make. Photographs are not only routinely used to convey news, they are used to establish what is and isn’t true. The crime scene photograph is now as likely to be used in a court of law as in a newspaper infographic explainer. The artifact is at once the evidentiary carrier of truth and a visualisation used to confirm it. It creates meaning and it argues for it Visual Culture and the Forensic: Culture, Memory, Ethics (Routledge, 2022) bridges

Leigh Goodmark’s new book, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (U California Press, 2023), uses the stories of individual criminalized survivors of gender based violence to illuminate the ways that the criminal legal system perpetuates violence against the very women, transgender people, and gender non-conforming people it claims to protect. Leigh argues that reform is not the answer to this problem, and that instead of limiting our efforts and imaginations to the pursuit of reforms that ultimately expand the reach of the criminal legal system, we should invest in abolition feminism and a world of non-carceral supports and resources like housing, healthcare, and education instead of arrest, prosecution, and incarceration. Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work. Learn more about your ad choices. Visit megaph

In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies: Polygamies at the Limits of Western Tolerance (Stanford UP, 2023), Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organise to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The

Injustice, Inc.: How America's Justice System Commodifies Children and the Poor (U California Press, 2023) exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning ethics to churn vulnerable children and adults into unconstitutional factory-like operations. Hatcher reveals stark details of revenue schemes and reflects on the systemic racialized harm of the injustice enterprise. He details how these corporatized institutions enter contracts to make money removing children from their homes, extort fines and fees, collaborate with debt collectors, seize property, incentivize arrests and evictions, enforce unpaid child labor, maximize occupancy in detention and "treatment" centers, and more. Injustice, Inc. underscores the need to unravel these predatory operations, which have esc

Daniel Heath Justice and Jean M. O'Brien's book Allotment Stories: Indigenous Land Relations Under Settler Siege (U Minnesota Press, 2021) collects more than two dozen chronicles of white imperialism and Indigenous resistance. Ranging from the historical to the contemporary and grappling with Indigenous land struggles around the globe, these narratives showcase both scholarly and creative forms of expression, constructing a multifaceted book of diverse perspectives that will inform readers while provoking them toward further research into Indigenous resilience. John Cable is assistant professor of history at Abraham Baldwin Agricultural College in Tifton, Georgia. He earned the Ph.D. in history at Florida State University in 2020. His forthcoming book, Southern Enclosure: Settler Colonialism and the Postwar Transformation of Mississippi (University Press of Kansas), will be out in December 2023. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https

In Better Law for a Better World: New Approaches to Law Practice and Education (Routledge, 2021) I spoke with Dr Liz Curran about the urgent need for innovation in law, legal practice, and legal education. In her book, she challenges the adversarial and hierarchical nature of the legal system, to uncover the harms that these processes and systems cause by the failure to recognise the person behind the legal problem. Drawing on both quantitive and qualitative research, and also her own wealth of experience as a practitioner and educator, Dr Curran offers insights into the way that the legal system fails the most vulnerable. However, the book, is not without hope; it offers models of better practice, and space for further research provide the incentive and innovation necessary to create better law for a better world. Dr Liz Curran is an Associate Professor in the School of Law at Nottingham Trent University.   Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium

Political Scientist Hernán Flom has written a fascinating and nuanced analysis of how the criminal drug markets operate in Argentina and Brazil. Instead of tracking the path that illegal drugs take or examining how the criminal justice system works in Latin American countries, Flom has focused, instead, on the illegal drug markets as economic and political institutions to examine how they actually operates within Brazil and Argentina. From this perspective, we learn quite a lot about market forces, civilian and police institutions, and “law and order” approaches in both these countries. The Informal Regulation of Criminal Markets in Latin America (Cambridge UP, 2022) provides a comparative analysis of the criminal markets in these two countries—Brazil and Argentina—as well as differentiating between how these markets work in larger, urban centers, and in smaller cities. This effectively teases out distinctions between how police work with or against these criminal markets, and how the local and national polit

If we listen to the politicians and pundits, college campuses have become fiercely ideological spaces where students unthinkingly endorse a liberal orthodoxy and forcibly silence anyone who dares to disagree. These commentators lament the demise of free speech and academic freedom. But what is really happening on college campuses? Campus Misinformation: The Real Threat to Free Speech in American Higher Education (Oxford UP, 2022) shows how misinformation about colleges and universities has proliferated in recent years, with potentially dangerous results. Popular but highly misleading claims about a so-called free speech crisis and a lack of intellectual diversity on college campuses emerged in the mid-2010s and continue to shape public discourse about higher education across party lines. Such disingenuous claims impede constructive deliberation about higher learning while normalizing suspect ideas about First Amendment freedoms and democratic participation. Taking a non-partisan approach, Bradford Vivian argu

Miriam Bak McKenna is an Associate Professor at the Department of Social Sciences and Business at Roskilde University (Denmark). Her first monograph, Reckoning with Empire: Self-Determination in International Law (Brill, 2023), adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but also in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussion

In recent years the authors of a slew of books and articles have debated whether China is moving toward or away from the rule of law. Against this end-of-history approach to legal inquiry, Ke Li advocates for an approach that attends to the circumstances in which state actors select legal methodologies for the purposes of statecraft, and those in which they prefer nonlegal, extralegal and illegal ones. She demonstrates this approach in Marriage Unbound: State Law, Power, and Inequality in Contemporary China (Stanford University Press, 2022), in which she offers a sophisticated “historically charged, culturalist perspective” of state legal practice in China, worked out over 15 years of immersive research and careful writing. Ke Li joins this episode of New Books in Interpretive Political and Social Science to discuss why research on authoritarian legality fails to give culture its due, the differences between practice-oriented inquiry and studies that concentrate on intersubjective meaning-making, causal infer

In Freedom Seekers: Fugitive Slaves in North America, 1800–1860 (Cambridge UP, 2021), Damian Alan Pargas introduces a new conceptualization of 'spaces of freedom' for fugitive slaves in North America between 1800 and 1860, and answers the questions: How and why did enslaved people flee to – and navigate – different destinations throughout the continent, and to what extent did they succeed in evading recapture and re-enslavement? Taking a continental approach, this study highlights the diversity of slave fight by conceptually dividing the continent into three distinct – and continuously evolving – spaces of freedom. Namely, spaces of informal freedom in the US South, where enslaved people attempted to flee by passing as free blacks; spaces of semi-formal freedom in the US North, where slavery was abolished but the precise status of fugitive slaves was contested; and spaces of formal freedom in Canada and Mexico, where slavery was abolished and runaways were considered legally free and safe from re-enslavement.

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal for Black people to dress “above their condition.” In the 1920s, the bobbed hair and form-fitting dresses worn by free-spirited flappers were banned in workplaces throughout the United States. Even in today’s more informal world, dress codes still determine what we wear, when we wear it—and what our clothing means. People lose their jobs for wearing braided hair, long fingernails, large earrings, beards, and tattoos or refusing to wear a suit and tie or make-up and high heels. In some cities, wearing sagging pants is a crime. In Dress Codes: How the Laws of Fashion Made History (Simon & Schuster, 2021), law professor a

Jefferson Cowie discusses his book Freedom’s Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022), beginning with the book’s origin story, and then tracing the use of "freedom" to dominate others in Barbour County, Alabama, from Indian Removal in the 1830s through the Civil Rights Movement in the 1960s. This episode was produced for "Working History," the podcast of the Southern Labor Studies Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law